Allowed

Dilip Kumar v. State of U.P.

Allahabad HC2 Dec 2022BAIL/53787/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant, Dilip Kumar, implicating him in Cow Slaughter and cruelty to animals charges, subject to personal bond, local sureties, and conditions ensuring his presence at critical trial stages.

What did the court decide?

Bail granted on personal bond and two local sureties subject to specific conditions regarding presence in court and prohibition of adjournments.

Dilip Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53787 of 2022

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Applicant :- Dilip Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Uday Narain Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present bail application has been filed by the applicant- Dilip Kumar with a prayer to enlarge him on bail in Case Crime No. 130 of 2022, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Kandawa, District- Chandauli, during the pendency of the trial.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. There is no public or independent witness of the alleged recovery. The applicant has no criminal history. Applicant is in jail since 20.10.2022. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of

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this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 2.12.2022 SK Srivastava

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Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.12.02 16:56:27 IST Reason: Location: High Court of Judicature at Allahabad

Dilip Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dilip Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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